- An Erbausschlagung (renunciation of inheritance) typically costs 30 to 200 EUR — depending on whether it is declared with a Notar (German civil law notary, higher fee) or directly at the Nachlassgericht (German probate court)
The cost of the Erbausschlagung is an important factor in the decision — especially when the estate contains only low values or is over-indebted. In my advisory practice I regularly see clients who hesitate over a 100 EUR fee and then inherit six-figure debts.
Erbausschlagung with a Notar or directly at the Nachlassgericht (German probate court) — both possible, with different costs and effort. Anyone hesitating over 30 EUR often risks the full liability of Erben (heirs) under § 1967 BGB. With an over-indebted estate, the Ausschlagung fee is one of the best investments there is.
Three routes to an Erbausschlagung — three cost structures
Route 1: directly at the Nachlassgericht
You appear in person at the Amtsgericht (local court) acting as Nachlassgericht for your place of residence and submit the Ausschlagung declaration into the record of the Rechtspfleger (court officer).
| Cost block | Amount |
|---|---|
| Court fee | 30 EUR flat |
| Travel | depending on distance |
| Your own time | typically 1 to 2 hours including waiting |
Advantage: cheapest option. Disadvantage: personal appearance during opening hours required, possibly longer waiting time.
Route 2: declaration with a Notar
You arrange an appointment with the Notar of your choice; the Notar takes the declaration and sends it to the competent Nachlassgericht (German probate court).
Costs under the GNotKG (court and notary fees act), graduated by transactional value (= estate value):
| Transactional value | Notar fee (0.5x fee) |
|---|---|
| up to 10,000 EUR | 60 EUR |
| up to 25,000 EUR | 80 EUR |
| up to 50,000 EUR | 165 EUR |
| up to 100,000 EUR | 273 EUR |
| up to 250,000 EUR | 535 EUR |
| up to 500,000 EUR | 935 EUR |
| up to 1,000,000 EUR | 1,735 EUR |
Plus postal expenses and VAT. Plus often an advisory fee of 50 to 150 EUR.
Advantage: appointment by arrangement, legal support. Disadvantage: significantly more expensive than the Nachlassgericht.
Route 3: declaration from abroad
If you live abroad at the time of the Ausschlagung, the declaration has to be certified through the German consulate or through a Notar abroad with apostille.
| Cost block | Amount |
|---|---|
| Consulate fee | 70 to 200 EUR |
| Notar abroad | very variable (100 to 1,000 EUR) |
| Apostille / legalisation | 25 to 50 EUR |
| Translation if needed | 80 to 300 EUR |
Typically 200 to 500 EUR total costs plus postage. Important: the six-week deadline extends to six months if the Erbe (heir) is abroad at the time of the inheritance (§ 1944 Abs. 3 BGB).
Worked examples from practice
Example 1: father deceased, small bank balance (5,000 EUR), debts 80,000 EUR
Anyone carrying out the Ausschlagung avoids full debt liability. Costs:
- Nachlassgericht variant: 30 EUR
- Notar variant (transactional value 5,000 EUR): 60 EUR
- Difference to Erben (heirs) liability: 75,000 EUR (or more)
Economically clear: the Ausschlagung is always right.
Example 2: unclear picture, medium estate
Estimated transactional value 100,000 EUR. The Erbschaft (inheritance) is being disclaimed because of unclear debts.
- Nachlassgericht: 30 EUR
- Notar: 273 EUR
- Lawyer for advice: 150 to 300 EUR
If you are dealing with an Erbausschlagung for the first time and the debts are unclear, the investment in a 150 EUR first consultation usually makes sense.
Example 3: large estate, several Erben (heirs)
Transactional value 800,000 EUR. You want to carry out the Ausschlagung because the inheritance should go to the children (generational skip).
- Nachlassgericht: 30 EUR
- Notar: approx. 1,500 EUR
- Lawyer: 500 to 1,000 EUR (tax advice on the generational skip)
With a generational skip strategy, the lawyer costs are usually the most important — the Ausschlagung fee itself is marginal.
Step by step: Erbausschlagung in a cost-conscious way in six stages
- Check the deadline. Six weeks from knowledge of the inheritance (§ 1944 BGB). Foreign connection: six months.
- Prepare a debt overview. Account statements, dunning letters, SCHUFA (German credit-rating agency) extract. With an over-indebted estate, the Ausschlagung is practically without alternative.
- Choose the route. Nachlassgericht (cheap, 30 EUR) or Notar (more expensive, but more flexible).
- Arrange an appointment. Personal appearance at the Nachlassgericht (German probate court), by arrangement at the Notar.
- Declare the Ausschlagung. Written form or into the record. Irrevocable on receipt at the Nachlassgericht!
- Inform the order of successors. Who steps in? These Erben (heirs) also have a six-week deadline and must be informed in time.
Who bears the costs?
Principle: whoever files the declaration bears their own costs. However:
| Cost block | Who bears it |
|---|---|
| Court fee 30 EUR | The declarant |
| Notar fee | The declarant |
| Lawyer advice | The declarant |
| Beerdigungskosten (funeral costs) | Estate (or close relatives in case of insolvency) |
| Later lawyer costs in a dispute | depending on the outcome |
In family communities of Erben (heirs), several Erben can share the costs by jointly carrying out the Ausschlagung — but each has to file their own declaration (there is no "collective Ausschlagung").
Legal advice — when does it pay off?
Three constellations in which lawyer costs of 100 to 500 EUR almost always make sense:
- The Pflichtteil question. A person who carries out the Ausschlagung generally also loses the Pflichtteil claim. Exception: certain constellations with Pflichtteilsstrafklauseln (forfeiture clauses) in a Berliner Testament — complex, needs a specialist.
- Foreign connection. International inheritance law (EU-ErbVO — EU Succession Regulation), apostille requirements, applicable law — almost always advice-relevant.
- Complex estate. Company shares, several pieces of real estate, international accounts — valuation difficult, debt clarification time-consuming.
In simple constellations (small estate, clear debts) the 30 EUR declaration at the Nachlassgericht (German probate court) is often enough.
Comparative calculation: three scenarios
| Scenario | Nachlassgericht | Notar | Lawyer + Notar |
|---|---|---|---|
| Over-indebted estate, simple | 30 EUR | 60 EUR | 200 EUR |
| Unclear estate, medium | 30 EUR | 273 EUR | 423 EUR |
| Large estate, generational skip | 30 EUR | 1,500 EUR | 2,500 EUR |
| Foreign connection, simple | 200 EUR (consulate) | 500 EUR | 800 EUR |
With an over-indebted estate practically always "Nachlassgericht — 30 EUR — fast". With wealth and unclear strategy usually "Notar + lawyer first consultation".
Frequently asked questions
What does it cost to carry out the Ausschlagung?
For a direct declaration at the Nachlassgericht: 30 EUR. With the Notar, graduated by estate value, from 60 EUR (small estate) to over 1,000 EUR (large estates). Plus optional lawyer advice of 100 to 500 EUR.
Where do I file the Ausschlagung declaration?
At the Nachlassgericht (the Amtsgericht of the Erblasser's (testator's) last domicile) or with a Notar of your choice. Within six weeks of knowledge of the inheritance (§ 1944 BGB).
Who bears the costs of the Ausschlagung?
You personally as declarant. The costs are NOT borne by the estate — not even if the estate is large. With several disclaiming Erben (heirs), each bears their own costs.
Do I need a lawyer for the Ausschlagung?
Not necessarily. In simple constellations the direct declaration at the Nachlassgericht (German probate court) is enough. With Pflichtteil questions, a foreign connection or a complex estate, legal advice is usually sensible — cost 100 to 500 EUR.
Can I revoke the Ausschlagung later?
No. The Ausschlagung is irrevocable on receipt at the Nachlassgericht (§ 1953 BGB). Anfechtung (challenge) is possible only in narrow exceptions (mistake about material qualities of the estate, threat).
What happens if I miss the six-week deadline?
You are treated as Erbe (heir) and take on all debts (§ 1943 BGB). More on this in the spoke: Disclaiming inheritance — missed deadline.
Are Notar costs negotiable?
No. Notar fees are set by statute in the GNotKG. Every Notar charges the same fee for the same task. What is negotiable: additional advisory services beyond the pure certification.
Is the Notar worthwhile for a small Ausschlagung?
Rather not. With a clear constellation and a small estate, the Nachlassgericht (30 EUR) is considerably cheaper. The Notar is worthwhile if you cannot get an appointment at the Nachlassgericht (German probate court) or if you want legal support.
Further detail answers
- Disclaiming inheritance 2026: deadline and costs — main guide
- Disclaiming inheritance — who inherits then?
- Disclaiming inheritance — missed deadline, what to do?
- Disclaiming inheritance and Beerdigungskosten (funeral costs)
- Disclaiming inheritance template
- Disclaiming inheritance in the sibling constellation
- Topic hub Disclaiming inheritance
Lead magnet: planning the Ausschlagung
- Emergency briefcase — documentation of all accounts, contracts, debts before the inheritance.
- Succession checklist — structured plan before and after the inheritance.
- Book first meeting — individual advice on the Ausschlagung decision.
Authority sources
- § 1944 BGB (Ausschlagung deadline)
- § 1945 BGB (form of the Ausschlagung)
- § 1953 BGB (effect of the Ausschlagung)
- § 1954 BGB (Anfechtung deadline)
- § 1967 BGB (liability of Erben (heirs))
- § 1943 BGB (acceptance of the Erbschaft)
- GNotKG (court and notary fees act)
- BGH judgment of 05.07.2017 — IV ZR 222/16 (form of the Ausschlagung)
Free guide
Succession Checklist
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